In the case of dismissal of appeal, the summary of the facts and evidence shall be stated.

When the appellate court recognizes that it is impossible to accept the grounds for appeal asserted by a defendant who has lodged an appeal, it shall be sufficient to enter the decision on the grounds for appeal in the decision, and it shall not necessarily be required to accept the facts and evidence stated in the decision of the lower court in accordance with the latter part of Article 369 or Article 323 of the Criminal Procedure Act, or to specify the facts constituting an offense, summary of evidence and the application of statutes

Articles 369 (latter part) and 323 of the Criminal Procedure Act

Supreme Court Decision 65Do1030 Decided February 15, 1966, 82Do2642, 82Gado557 Decided December 28, 1982 (Gong1983, 398), Supreme Court Decision 92Do376 Decided April 28, 1992

Defendant

Defendant

Attorney Lee Jong-chul

Daejeon High Court Decision 93No627 delivered on November 26, 1993

The appeal is dismissed.

The number of days under detention after an appeal shall be included in the calculation of the original sentence.

1. Judgment on the Defendant’s grounds of appeal

If the evidence of the first instance court maintained by the court below is examined by comparing it with the records, all of the facts constituting the crime of this case can be recognized, and the judgment below cannot be viewed as an unlawful act like the theory of lawsuit, and there is no reason to discuss it.

2. Determination on the grounds of appeal by a public defender

If it is deemed impossible to accept the grounds for appeal asserted by the defendant who filed an appeal by the appellate court, it would be sufficient to state the decision on the grounds for appeal (former part of Article 369 of the Criminal Procedure Act), and even in the case of dismissing an appeal by judgment, it does not necessarily have to state the facts and evidence recorded in the judgment of the court pursuant to the latter part of Article 369 of the Criminal Procedure Act or Article 323 of the same Act, or to state the facts and the summary of evidence and the application of Acts and subordinate statutes (see, e.g., Supreme Court Decision 82Do2642Do57, Dec. 28, 1982; 92Do376, Apr. 28, 1992).

3. Therefore, the defendant's appeal shall be dismissed, and part of the detention days after the appeal shall be included in the original sentence of the first instance judgment. It is so decided as per Disposition by the assent of all participating Justices.

Justices Ahn Yong-sik (Presiding Justice)